Federal appeals court judges appeared leery Wednesday of claims that a pre-enforcement challenge to President Joe Biden’s COVID-19 vaccine mandate for federal workers belongs in the U.S. Court of Appeals for the D.C. Circuit.

Judge Robert Wilkins questioned whether Jason Payne, an engineer for the Office of Naval Research, was injured by the president’s executive order mandating that all federal workers be inoculated by Nov. 22, 2021, or face disciplinary action up to termination. Despite Payne’s refusal to get the shot, his employer hasn’t enforced the policy in his case, raising questions about whether he has standing to sue.

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